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Full-Text Articles in Comparative and Foreign Law

China In Africa And The Law, Salvatore Mancuso Nov 2012

China In Africa And The Law, Salvatore Mancuso

Annual Survey of International & Comparative Law

This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.

This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …


Editorial, Christian N. Okeke Nov 2012

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.


Foreward, Jon H. Sylvester Nov 2012

Foreward, Jon H. Sylvester

Annual Survey of International & Comparative Law

No abstract provided.


Masthead Nov 2012

Masthead

Annual Survey of International & Comparative Law

No abstract provided.


Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena Nov 2012

Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena

Theses and Dissertations

Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.

Public policy is a concept that is …


22nd Annual Fulbright Symposium Program - Confronting Complexity In International Law, Brad Lai Apr 2012

22nd Annual Fulbright Symposium Program - Confronting Complexity In International Law, Brad Lai

The Sompong Sucharitkul Center for Advanced International Legal Studies

Program for the 22nd Annual Fulbright Symposium on International Legal Problems.